FDA and GSA Commit Contempt of Court Again - Cos World Africa

On January 21, 2019, a Press Release headlined "Food and Drugs Authority Public Alert” to Major Media Houses and Nationwide Platforms by Food and Drugs Authority of Ghana (FDA) and the Ghana Standard Authority (GSA) commit Contempt of Court the Second Time. This is Contempt of Court Ex Facie Curiae.

This is the second time Contempt of Court is committed by FDA and its associates.

There is a pending law suit in the High Court against FDA/GSA. The Cosmetic Association of Ghana (CAG) is in Court raising concerns and seeking government of Ghana’s mandate to standardize 2% Hydroquinone ingredient in Cosmetics and 4 % in drugs at the Pharmacies.

Whiles the matter is in Court, the FDA has side stepped his authority to raise Red Alert or Public Alert and Named Some Cosmetics, Manufacturers and Importers in an Extensive Media Mix using a Press Release with impunity as if the first Contempt of Court warning was not enough.

This Media Smear Campaign against Cosmetic Products has created Public Fear and Panic, causing damages to legitimate businesses, Destroying the industry Trade all in the name of Public Health Safety campaigns.

Cosmopolitan World (Cos World Africa), a think tank organization is watching the Actions of High Court with an Eagle Eye.

The share display of impunity by the CEO of FDA and disrespect for the judiciary is quite worrisome and calls for the relevant laws to apply. There are precedents in the Statute and Common Law to apply to Contempt of Court Ex Facie Curiae Committed by the CEO of FDA.

BACKGROUND
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• Hydroquinone Content Cosmetics is Good for Skin Disease Treatments.

On December 15, 2017, Cosmetics Association of Ghana (CAG) filed a case against FDA / GSA “a Motion on Notice of Interlocutory Injunction" on the Total Ban of Hydroquinone ingredient in cosmetics and Called on Government of Ghana and the Law to allow for 2% Hydroquinone in Cosmetics.

FDA and GSA committed a Contempt of Court on February 2, 2018. They carried out a Media Smear Campaign Headlined “5 years Awaits Hydroquinone Dealers" on the Subject Matter against Cosmetic Importers, Manufacturers and Producers couples with Public Alarms, Public Threats and Public Dangers.

This action by the FDA/GSA negatively affected legitimate Cosmetics importers and Sellers.

The sitting Judge advised and cautioned the legal counsel of FDA / GSA to desist from any future attempts to discredits Cosmetics Brands, Importers, Manufacturers and Producers.

Additionally the Judge also requested FDA / GSA to avoid any attempt to stop cosmetic products from the port of entry or the harbour as the matter was pending in court.

Contempt of Court number 2 committed by FDA / GSA on January 21, 2019. It is headlined, “FDA Public Alert – Cosmetics Products Containing Substances That Could Pose Potential Health Risk” via Press Release launched on an aggressive nationwide Media coverage on Radio, Television, Print and Online Platforms with such an impunity and disrespect for the court of the land.

Cos World Africa is asking the begging questions, when will the Contempt of Court law be applied against FDA / GSA since they seek the mandatory power to punish CAG Members, Creating Societal Fear, Panic and Public Harm than Public Safety?

THE MESSAGE TO GHANAIANS:

Cos World Africa is a Cosmopolitan World Organization, a Think Tank that Speaks on the Subject Matter among others;

1. Hydroquinone Content Cosmetics is Good for Skin Disease Treatments; Acne
Control, Black Spots Removal, Correction of Skin Pigmentation, Control Skin
Coloration, Treats Skin Rushes and Blemishes, and Enhances Skin and Beauty
Care. - Cos World Africa.

2. FDA and GSA Play Double Standards on Hydroquinone Content Cosmetic Use In
Ghana – Cos World Africa.

3. Hydroquinone in Cosmetics Does Not Cause Skin Cancer, Kidney Toxicity,
Fertility Problems, Birth Defects, and Liver Diseases, Skin Infection – Cos
World Africa.

4. Hydroquinone Content Cosmetics is Good for Skin Treatment, Toning, Skin and
Beauty Care - Cos World Africa.

5. Hydroquinone Content Cosmetics at 2% is Not Harmful – Cos World Africa.

6. Cos World Africa Calls on Government of Ghana to Allow 2% Hydroquinone in
Cosmetics and 4% at the Pharmacy.

7. In Free Market Economy, individuals are given the right to make choices. The
Right to Pick and Choose is based on Luxury, Culture and Choice. - Cos World
Africa.

8. FDA is killing Businesses and Destroying the ancient old Cosmetic industry to
Support some individual and group of person’s parochial interest. - Cos World
Africa.

9. Government of Ghana loses Revenue as FDA fights Entrepreneurs, Business Men
and Women whose business operation generates Revenue for FDA and the General
Economy of Ghana. FDA why do you want to kill the Businesses and Promote
Public Health Safety which in turn promote Public Harm. - Cos World Africa.

10. FDA Promotes Bleaching and Pushes for Cosmetic Smuggling and Hiding of
Products to achieve same Public Harm instead of Public Good as FDA avoids
Complex Cosmetic Products Mixtures and Deep Skin Bleaching Mixers in the
Hideouts - Cos World Africa.

11. FDA Promotes Local Cosmetic Concoctions or Complex Cosmetic Products
Mixtures and Deep Skin Bleaching Creams in Hideout - Cos World Africa.

THE WORK OF FDA/GSA

The Cosmopolitan World (Cos World Africa) wishes to express it concerns on Public Alert and Education carried by FDA / GSA causing Public Fear and Panic within the Ghanaian general society on Hydroquinone Content Cosmetics Use in Ghana.

As we practice Free Market Economic trade in Ghana, our actions and inactions will promote black market trade and smuggle hydroquinone content cosmetic products into Ghana.

The actions from FDA will promote Bleaching as they push for Smuggling and Hiding of Cosmetic Product to achieve same Public Harm instead of Global Standards of 2% hydroquinone directed at Public Safety. The village folks will bleach if he or she does not have enough True Education, Product Choice Making and enhance long Standing Culture.

GLOBAL STANDARDS:

Cos World Africa says, it’s globally accepted that Hydroquinone Content Cosmetics at 2% is Not Harmful. Eg: USA, UK, France, Nigeria. Cos world Africa and Cosmetics Association of Ghana (CAG) say the information on Hydroquinone Content Cosmetics, being put out there are False Alarm, incorrect and its causes Public Harm than Public Safety.

PUBLIC ALERT:

Cos World Africa and CAG advice the Ghanaian general public to assist to find, fish out and bring to Justice the Perpetrators and Mixers of Complex and Deep Skin Bleaching Cosmetic Cream Compounds formed as Bleaching Agents for wrong purposes. Using the Social Media platform for Sales / Marketing and other bad practices. These acts are Not done by CAG Members and Not using Hydroquinone Content Cosmetics.

These nefarious acts without a face are using Complex Local Concoctions and Product Mixers to achieve the bad and diabolic practices which affect the legitimate work of CAG. CAG urges FDA/GSA to look out for these perpetrators in their hideout on the social media. Cos World Africa says, it’s globally accepted that Hydroquinone Content Cosmetics at 2% is Not Harmful.

HEALTH ALERT :

Cos World Africa Says 2% Hydroquinone in Cosmetics and Sold at the Cosmetic Registered and Recognized Shops in Ghana has Social Responsibility to Make Society Better, Promote Public Health Safety and Not Public Harm.
Experts says, Hydroquinone Content Cosmetics is Good for Skin Disease Treatments such as Acne control, Black Spot Removal, Skin Rushes, Skin Blemishes, Correction of Skin Pigmentations, Control Skin Coloration, as well as promotes and enhances Skin and Beauty Care as Toning.

GOVERNMENT ALERT:

Cos World Africa / CAG say the Total Bam of Hydroquinone in Cosmetics in Ghana will inure the benefits and promotion of the Complex Local Concoction and Product Mixes which will cause Public Harm. Because cosmetic product mixers and mixtures form higher compounds with high bleaching content and acidity. This is the resultant effect of Local Concoction cosmetics which often and openly profess and guarantees five [5] days, seven [7] days or ten [10] days bleaching and Whitening of the Skin.

Rather the affected patients from Complex Cosmetic Products Mixtures and Deep Skin Bleaching [Local Cosmetic Concoctions] often consult the Cosmetic Sellers, Traders and Dermatologists for corrective measures at the end.

Cos World Africa seeks to fight against the Total Ban of Hydroquinone ingredient in cosmetic products, as against the background of Promoting Public Safety, Killing Businesses, Causing Societal Fear and Panic, Creating Unemployment, Promoting Local and International Product Smuggling, Promoting Public Harm, Abuse of Power which contravenes Political Leadership, Reduce Government of Ghana's Revenue (Taxes, Duties etc ) and by extension you may one day have no product to register and licenses renewal.

Cos World Africa is asking for Fair and Open balance on the Law and for Public Safety not Public Harm to Avoid Cosmetic Product Smuggling and Shady Business Transactions, the Mandated Authorities Should Accept 2% hydroquinone ingredient in cosmetic products and 4 % hydroquinone in Drugs as pertains Global Standards to avoid Public Harm.

Hence the recent cosmetic Product seizure is Criminal, Abuse of Power, Unmeritorious, Unsubstantiated, Act of Wickedness, Breach of Fundamental Human and Civil Rights, Caused Societal Fear and Panic, Punishment and Seizure of Working Capital to the very People you call as stakeholders in Business, Caused Global Mistrust and Fear to do Business and Trade with Ghana.

CONCLUSION:

In a recent survey done in Ghana by Cosmopolitan World Organization (Cos World Africa) with a hypothesis and conclusion that the Causational Relationship between Hyper Pigmentation / Malisma [Skin Diseases] and Hydroquinone Content Cosmetic Creams is Negligible and Unimportant as against the Complex Cosmetic Products Mixtures and Deep Skin Bleaching which is a Major Leading cause of Hyper Pigmentation / Malisma and various Skin Diseases resulting to Hydroquinone Content Cosmetic Use for Correction.

Cos World Africa seeks to fight against the Total Ban of Hydroquinone ingredient in cosmetic products, as against the background of Promoting Public Safety, Killing Businesses, Causing Societal Fear and Panic, Creating Unemployment, Promoting Local and International Product Smuggling, Promoting Public Harm, Abuse of Power which contravenes Political Leadership, Reduce Government of Ghana's Revenue (Taxes, Duties etc ) and by extension you may one day have no product to register and licenses renewal.

Cos World Africa is asking for Fair and Open balance on the Law and for Public Safety not Public Harm to Avoid Cosmetic Product Smuggling and Shady Business Transactions, the Mandated Authorities Should Accept 2% hydroquinone ingredient in cosmetic products and 4 % hydroquinone in Drugs as pertains Global Standards to avoid Public Harm.

...Signed...

Ekow Arko
Country Director
Cos World Africa.